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Wednesday, July 23, 2014
- Amina Bibi, an 18-year-old from Pakistan’s Punjab province, was allegedly raped by four men on Jan. 5 this year. All the accused were granted bail. A desperate Amina set herself on fire outside a police station on Mar. 13 and succumbed to burn injuries the next day.
The Supreme Court of Pakistan took up the case and sought a report from police. The report was presented Apr. 21, only to be dismissed by the court. The report claimed that Amina had not been raped – something the court was not ready to believe, especially when it could find no other reason for her suicide.
Amina’s case has once again thrown the spotlight on the plight of thousands of rape victims in Pakistan who suffer due to flaws in the criminal justice system, socio-cultural inhibitions, the negative attitudes of investigators, police failure to collect evidence and the humiliation of victims in trial courts.
According to the National Police Bureau (NPB) of Pakistan, around 3,000 cases of rape are reported every year – to be precise 3,173 cases were reported in 2012 and 3,164 in 2013. The conviction rate, however, is less than four percent, according to a report released by the NGO War Against Rape (WAR).
“One of the foremost reasons for the poor conviction rate is rape cases are mishandled from the very start,” Asad Jamal, a Lahore-based lawyer who has represented several rape victims, told IPS.
He says very few police officials know how to collect scientific evidence in rape cases or record the statements of traumatised rape victims. Citing the example of a case he is fighting right now, Jamal says the police investigator concerned even forgot to preserve the clothes that the victim was wearing at the time of the sexual assault.
In the case of Amina Bibi too, it was found that police had failed to conduct timely forensic and DNA tests. Punjab Chief Minister Shahbaz Sharif suspended several senior police officers and ordered the arrest of others in connection with the case.
Jamal says sometimes police insist on including the names of fake witnesses to strengthen rape cases but such practices end up benefiting the accused, especially in appellate courts. “Ideally, scientific and DNA evidence should be enough to convict an accused, but unfortunately trial courts depend a lot on eyewitnesses for primary evidence,” he says.
Jamal pointed to another reality – rape victims often belong to disadvantaged sections of society while rapists are mostly powerful people.
He says crime data indicates that girls in the 9-19 age group from lower income families are most vulnerable to rape. “That’s why the number of domestic workers subjected to rape is on the rise,” he says.
Zia Awan, founder of the Madadgar National Helpline for women and children, told IPS, “The number of rape cases reported in Pakistan is only a fraction of the actual number.”
He receives a large number of calls from women who are undecided on whether to report the case or remain silent in order to avoid humiliation and life-long stigma. The impunity of rapists and the ordeal of rape victims deter the latter from seeking justice, he says.
“The shameful attitude of society, police and lawyers towards rape victims is the biggest hurdle in securing justice,” says Faisal Siddiqui, a Karachi-based lawyer.
His own client, a rape victim, had to seek psychological treatment for two years after appearing in court for cross-examination, he says. The defence lawyer, he says, asked her about the minutest details of the assault and made her recall the traumatic incident over and over again.
Unfortunately, he says, many lawyers deliberately confuse rape victims during cross-examination in order to get relief for the accused. “They ask shameful questions which no woman can answer.”
Sources privy to rape investigations reveal that due to socio-cultural mores police usually try to put the blame on complainants and prove that rape victims are women of loose morals. Their perception is that a woman who has really been raped would not dare to report the crime out of shame and fear of public humiliation.
If the victim has had any association with the alleged rapist or has been socially active or has a ‘modern’ lifestyle, police tend to believe that her allegations are fabricated.
Legal provisions in Pakistan also make this possible. Shahid Ghani, a Lahore-based lawyer, cites such a provision: “When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.”
He says this provision allows for looking into a victim’s history to prove that she may not be innocent and may be sexually active.
Top police officials admit that investigators need to handle rape cases differently.
Inspector Amjad Naeem, master trainer at the Police Training College, Lahore, says there has to be an element of empathy in rape cases and special care must be shown by investigators in seeking information from victims.
“The victim has to be told not to change clothes, wash herself or go to the washroom before evidence is collected,” he told IPS. “In case it is necessary to go to the washroom, the urine and stool should be collected for later examination.”
Thanks to a project called Gender Responsive Policing (GRP), launched by German development agency GIZ in collaboration with NBP, many policymakers have begun to believe that more women should join the police force and handle cases of violence against women.
Ali Mazhar, communication manager at GIZ, told IPS that a large number of policewomen have been trained under the programme to understand cases of violence against women.
Under the programme, he says, Ladies Complaint Units (LCUs) are being set up at police stations where women officers attend to women’s complainants in an environment that is free of harassment and fear.